President Gloria Macapagal-Arroyo. FILE PHOTO
MANILA, Philippines — The new defense counsel of former President Gloria Macapagal-Arroyo is seeking a reversal of the Sandiganbayan’s previous order denying her petition for bail, saying that the evidence of guilt against her is weak.
In an 11-page “reply to prosecution’s opposition (to bail petition)” filed by lead counsel Modesto Ticman and the Gilera & Ticman Law Firm on Tuesday, the defense told the anti-graft court’s First Division hearing the plunder charge against Arroyo that it erred in denying her bail.
“Contrary to the Honorable Court’s disposition denying her petition for bail and as substantially echoed by the prosecution in the subject Opposition, the prosecution has utterly failed to discharge the burden required of it of proving that the evidence of guilt against GMA (Arroyo), at this point, is strong,” Ticman said.
Ticman pointed out that during the bail hearing, the prosecution has presented only one witness, Ma. Aleta Tolentino, who was appointed director of the Philippine Charity Sweepstakes Office (PCSO) by President Aquino only on Aug. 10, 2010.
He said Tolentino herself admitted on cross examination that prior to her appointment by the President, she was never an employee or officer of the PCSO.
As such, she certainly had no personal knowledge of the PCSO’s Confidential and Intelligence Funds (CIF) transactions in 2008, 2009 and the first half of 2010, he said.
“Her sole testimony therefore in the bail hearing leaves much to be desired as it is, at best, hearsay in character and thus, should not have been given weight and credence by the Honorable Court,” Ticman said.
Arroyo is facing plunder for allegedly misusing P365.9 million in confidential and intelligence funds of the Philippine Charity Sweepstakes Office (PCSO). Nine other former top officials of PCSO and the Commission on Audit have been named co-accused in the suit.
In pushing for the grant of bail, Ticman has cited Article III of the Constitution, which provides that “all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.”
He has also cited that Rule 114 of the Rules of Court, which has likewise provided that no person charged with a capital offense or an offense punishable by reclusion perpetua or life imprisonment would be allowed to post bail if evidence of guilt is strong, regardless of the stage of the criminal prosecution.
The same rules provide that the prosecution has the burden of showing that the evidence of guilt is strong, according to Ticman.
Ticman noted that the court has granted bail to Arroyo’s co-accused, namely former PCSP President Sergio Valencia and former PCSO Directors Raymundo Roquero and Manolo Morato.
He said Arroyo should have been granted the same because there was no strong evidence that his client amassed, accumulated and acquired ill-gotten wealth.
He stressed that like the three co-accused, Arroyo also did not participate in the processing of the disbursement vouchers covering the releases of the CIF funds to an accused, former PCSO General Manager Rosario Uriarte, nor Arroyo was aware that no proper liquidation was made on the cash advances.
Further, there was no showing that Arroyo concurred with Uriarte in making cash advances from CIF funds as the cash advances from the CIF that were the focus of this case were obtained and withdrawn by Uriarte and Valencia only.
On the prosecution’s contention of Arroyo’s “raid on the public treasury” as one of the predicate acts of plunder, Ticman said there was no evidence that she “raided, looted, pillaged or mulcted” the public coffers.
Related stories
Bishop, ex-vice president visit Arroyo in hospital
Arroyo, 22 others charged with plunder